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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
PART-III: THE POLICIES AND FUNCTIONING OF THE UNION
TITLE-VI: THE FUNCTIONING OF THE UNION
CHAPTER-I: PROVISIONS GOVERNING THE INSTITUTIONS
SECTION-1: THE INSTITUTIONS
SUBSECTION-5: The Court of Justice of the European Union
ARTICLE III-360
ARTICLE III-360
If the Commission considers that a Member State has failed to fulfil an obligation under the Constitution, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.